103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4528

 

Introduced 1/31/2024, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 735/1.5 new
765 ILCS 735/2.1  from Ch. 80, par. 63.1

    Amends the Rental Property Utility Service Act. Provides that a landlord shall repair any leaking water pipe of a tenant within 30 days of the landlord being notified of a leak. Provides that this requirement applies if the leaking water pipe is under the landlord's control, but it does not apply if the leaking water pipe is owned by a municipality or water utility. Provides that, if a landlord violates this provision and the tenant pays the water bill, the landlord is liable for any additional costs incurred by the tenant as a result of the water leak.


LRB103 36177 LNS 66269 b

 

 

A BILL FOR

 

HB4528LRB103 36177 LNS 66269 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rental Property Utility Service Act is
5amended by adding Section 1.5 and changing Section 2.1 as
6follows:
 
7    (765 ILCS 735/1.5 new)
8    Sec. 1.5. Repair of leaking water pipes. A landlord shall
9repair any leaking water pipe of a tenant within 30 days of the
10landlord being notified of a leak. This requirement applies if
11the leaking water pipe is under the landlord's control. This
12requirement does not apply if the leaking water pipe is owned
13by a municipality or water utility.
 
14    (765 ILCS 735/2.1)  (from Ch. 80, par. 63.1)
15    Sec. 2.1. Tenant damages.
16    (a) A landlord's violation of Section 1.4 entitles the
17residential tenant to damages from the landlord in the amount
18of a 100% abatement of the rental obligation for each month,
19and prorated for each part of a month, that the utility service
20was terminated and to consequential damages. The tenant has a
21duty to mitigate damages.
22    (b) When utility service is terminated as a result of the

 

 

HB4528- 2 -LRB103 36177 LNS 66269 b

1landlord's violation of Section 1.4 under circumstances
2demonstrating the landlord's deliberate or reckless
3indifference or wilful disregard for the rights of the
4tenants, or bad faith, the court may additionally award each
5affected residential tenant in the building statutory damages
6up to $300 each or the sum of $5,000 divided by the number of
7affected tenants, whichever is less.
8    (c) If a landlord violates Section 1.5 and the tenant pays
9the water bill, the landlord is liable for any additional
10costs incurred by the tenant as a result of the water leak.
11(Source: P.A. 87-177; 87-895.)